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  • Santiago Ayala v. Reuben Young, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit dismissed Santiago Doroteo Ayala's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court independently reviewed the record and determined that Ayala did not make the requisite showing to receive a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. As such, the court denied Ayala's motion for a certificate of appealability and his motion to proceed in forma pauperis, dismissing his appeal.

    Original Description:

    Filed: 2013-08-23 Precedential Status: Non-Precedential Docket: 13-6619

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    The United States Court of Appeals for the Fourth Circuit dismissed Santiago Doroteo Ayala's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court independently reviewed the record and determined that Ayala did not make the requisite showing to receive a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. As such, the court denied Ayala's motion for a certificate of appealability and his motion to proceed in forma pauperis, dismissing his appeal.

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    Santiago Ayala v. Reuben Young, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit dismissed Santiago Doroteo Ayala's appeal of the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition as untimely. The court independently reviewed the record and determined that Ayala did not make the requisite showing to receive a certificate of appealability, which requires a substantial showing that his constitutional rights were denied. As such, the court denied Ayala's motion for a certificate of appealability and his motion to proceed in forma pauperis, dismissing his appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6619

    SANTIAGO DOROTEO AYALA,


    Petitioner - Appellant,
    v.
    REUBEN YOUNG, Secretary of Prison;
    Director; DUANE TERRELL, Administrator,

    ROBERT

    C.

    LEWIS,

    Respondents - Appellees.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    L. Patrick Auld,
    Magistrate Judge. (1:12-cv-00418-LPA)

    Submitted:

    August 20, 2013

    Before WILKINSON and


    Senior Circuit Judge.

    DUNCAN,

    Decided:

    Circuit

    Judges,

    August 23, 2013

    and

    HAMILTON,

    Dismissed by unpublished per curiam opinion.

    Santiago Doroteo Ayala, Appellant Pro Se.


    Clarence Joe
    DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
    North Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Santiago Doroteo Ayala seeks to appeal the district
    courts order dismissing as untimely his 28 U.S.C. 2254 (2006)
    petition.
    or

    judge

    The order is not appealable unless a circuit justice


    issues

    certificate

    2253(c)(1)(A) (2006).
    issue

    absent

    appealability.

    28

    U.S.C.

    A certificate of appealability will not

    substantial

    constitutional right.

    of

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2006).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    When the district court denies relief on procedural

    grounds, the prisoner must demonstrate both that the dispositive


    procedural ruling is debatable, and that the petition states a
    debatable claim of the denial of a constitutional right.

    Slack,

    529 U.S. at 484-85.


    We have independently reviewed the record and conclude
    that Ayala has not made the requisite showing.

    Accordingly, we

    deny Ayalas motion for a certificate of appealability, deny


    permission to proceed in forma pauperis, and dismiss the appeal.
    We

    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

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